AJAY KUMAR SARTHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment dtd. 16/1/2020 passed by Special Judge, NDPS, Korba in Special Criminal (NDPS) case No. 27/2018 convicting the appellant under Sec. 20 (b) (ii)(B) of the Narcotic Drugs Psychotropic Substances Act and sentencing him to undergo RI for 04 years and pay fine of Rs.3000.00, plus default stipulation.

(2.) According to the case of prosecution, on 6/9/2018, Vijay Chelak Inspector of Police Station Kusmunda, Korba, received an information from informatnt that two persons were standing near Adarsh Nagar Kusmunda Colony near Chunni Bazar on a Scooty bearing registration No. CG-12-AT 7027 for selling contraband article (Ganja). He recorded the above information in Rojnamcha Sinha and prepared Mukhbir Suchna Panchnama in presence of the witnesses. He also informed about this information to the higher officials, thereafter, he reached the spot along with the witness. In compliance of Sec. 50 of the NDPS Act he gave notice to the appellant and obtained his consent for search. On being searched total 1.650 Kgs of contraband Ganja was found in his possession. He seized the abve contraband Ganja and prepared two sample packets of 100 grams each and after completion of other formalities he returned to the police s tation along with the seized property and the appellant, then he recorded the FIR and deposited the seized property in Malkhana. Thereafter, sample packets were sent for examination to the FSL. After completion of investigation, charge-sheet was filed by the police. To robe the appellant in the crime in question, prosecution examined as many as seven witnesses. In the statement of the appellant recorded under Sec. 313 CrPC the appellant pleaded his innocence and false implication in the case. However, no defence witness was examined by the appellant. After conclusion of trial, trial Court convicted and sentenced the appellant as mentioned in paragraph No.1 of this judgment. Hence this appeal.

(3.) Learned counsel for the appellant submits that he does not want to press this appeal on merits and confines his argument to the sentence part thereof only. He further submits that out of 04 years of jail sentence, the appellant has already undergone about two years, he has no criminal antecedent and he is facing the lis since 2018 i.e. for about two years, and therefore, the jail sentence awarded to the appellant may be reduced to the period already undergone by him. Counsel for the appellant submits that in the case of co-accused i.e. Criminal Appeal No. 42 of 2020 (Chain Das v. State of CG) the co-ordinate Bench has reduced the sentence to the period already undergone, and therefore, similar relief may be extended to the appellant herein as well.